, 1887-06-25
THE QUESTION DECIDED
Lands Near Douglas Most valu-
able for Farming.
The 0~utcrOpping of Coal of Lesser
Importance.
A Decision on the Subject Rendered
Yesterday.

The contest case of Albert D. Chamber
lain vs.. Philo r. Hall, involving two of
the Dodge scrip locations forming a part
of the townsite of Douglas, was decided
yesterday by the local land office in favor
Of the claimant, recommending that the
locations be allowed to stand. The con-
test was brought on the ground that the
land is more valuable for the coal it con-
tains than for agricultural purposes, and
the decision rendered becomes final as to
questions of fact, unless the contestant
appeals to the general land office. The
following is the finding and opinion of the
register and receiver. This is probably
the most important decision rendered by
land officials in the territory, and will act
as a check upon the indiscriminate at
tempts of spectators to capture town
sites and harass settlers without regard to
land laws:
There is absolutely no evidence tending
to show that coal, or any Indication of coal
exists upon any part of the northwest
quarter of the southeast quarter of sec
ton s, embraced in Dodge scrip location
No. 4. The contrary appears from the
claimants own testimony (see his re-
plies to questions 8 and 9, and % and 20,
with plat on page So, rs explained by the
reply to question 9, page S3), and the
contest should be dismissed SO far as re-
lafao 10 fha Lad a.ohroa.l = III L.
ton No. 4.
Upon location No. l., the southeast
quarter of the northeast quarter of section
8, coal has been discovered since the date
of the location. by means of excavations
made in July, 1886, but there is nothing
in the testimony to show mat there was
any indication of coal or n reason to sus-
pect the existence of coal in December,
1885, and all the testimony tends to pro-
duce a conviction in our minds of absolute
good faith on the part of the claimant.
In determining whether the contestants
allegation as to the character of the land
is or is not sustained, the testimony is
considered ~ with regard to the exist
enc of coal on said land. (2) with regard
to the relative value of said land.
l. The existence of a vein of coal, esti-
mated by the contestant at from eighteen
to twenty inches in thickness Question 10,
page l2), is conclusively shown.
2 The contestant has failed to prove to
our satisfaction that the land is more val
liable for the coal it contains than for ag-
ricultural purposes, though there is a con-
fict of testimony in this point. Regard
ing the burden of proof as clearly upon
the contestant, w find that he has failed
to establish his allegation, and, in arriv-
ing at this conclusion, all the testimony
cited in the arguments by the counsel has
been considered.
If, under paragraph I of G. L. o. cir
cular of September %, 1882 Ito which
our attention is called by the honorable
commissioner letter "V' of February
l9, 1880, the value ofthe land in contro-
versv, for all purposes, whether a~Rricul-
tural or municipal, or as seats for towns"
is to be considered, the testimony clearly
shows that said land is not more valuable
for coal than for all other purposes, or for
any otf er purpose. tSee replies of wit
nesses to question "a, page 80, and ques-
tons % to 20, pages 80 and 9l.)
Combining themselves, however, to the
specific allegation of the contestants, the
register and receiver find from the testi-
mony that the land in contest is not
shown to be more valuable for the coal 1t
contains than for agricultural purposes,
and, after consideration of all the testi-
mony and of the arguments of counsel,
they are of the opinion that Dodge land
scrip locations Nos. l and 4 should not be
cancelled, but should be allowed to stand
as made, and they accordingly so recon-
mend. EDGAR s. WILSON, Register.
WILLIAM NJ. GARRARD, Receiver.
Unique Festival.
The Turkish Tea" came off as an
nounced at the CONGREGATIONS churcb